Rethinking Custody Evaluation in Cases Involving Domestic Violence

This article was prompted by the publication of "Assessing Allegations of Domestic Violence,'' by Gould, Martindale and Eidman (2007). It critically reviews the family court response to domestic violence cases, highlighting evidence that most partner abuse consists of coercive control rather than physical assault alone. After outlining what is known about the prevalence and dynamics of domestic violence in the custodial context, I summarize findings from studies of the family court response, contrast this response with public expectations and the response by other courts and institutions, and argue that the failure to provide protective remedies is systemic rather than the result of individual factors or a lack of information. Basic reforms are required in assessment, adjudication, and accountability in these cases if the family court is to retain its legitimacy as an arbiter of family matters in disputed cases.